Enforcement

Enforcement

The Trade and Industry Department (TID) works closely with the Hong Kong Customs and Excise Department to enforce the implementation of the Certification Scheme in Hong Kong. Legal and/or administrative actions will be taken against any traders concerned in the event that any conditions of issue/certifications conditions or certification requirements are not fulfilled. Any person who carries on a business of importing, exporting, buying, selling or carrying other than a person falling under paragraph (1A) of Regulations 6DB of the Import and Export (General) Regulations (Cap. 60A) 1 rough diamonds without a valid registration with the TID commits an offence and will be liable on conviction to a fine of HK$100,000 and imprisonment for 1 year. A registered rough diamond trader who contravenes the record-keeping requirements will be liable on conviction to a fine of HK$200,000 and to imprisonment for 1 year. A person who imports rough diamonds from, or exports rough diamonds to, a country or place other than a specified country or place; who imports/exports rough diamonds without a valid Kimberley Process Certificate (KP) (Import)/a valid KP Certificate (Export) or not in accordance with any of the conditions for the issue of the Certificate/any other certification conditions imposed by the Director-General of Trade and Industry, will be liable on conviction to a fine of HK$500,000 and to imprisonment for 2 years.

To ensure that the conditions of rough diamonds transhipment exemption are complied with, documentation checks on books and records and manifests as well as physical checks on rough diamond consignments and visits to the premises of registrants will be carried out by authorized officers of the two Departments. TID takes a serious view on traders breaching any of the conditions of exemption. A registered rough diamond trader who contravenes or fails to comply with any of the conditions of exemption, commits an offence and is liable on conviction to a maximum fine of HK$500,000 and to imprisonment for 2 years. The Director-General of Trade and Industry may also by notice in writing revoke or suspend any exemption granted to the trader or may amend any condition.

For further information on enforcement, please click here.

1

Such a person refers to an "owner of a vessel, aircraft or vehicle" ("owner") as defined in section 2 of the Import and Export Ordinance ("the Ordinance") (Cap. 60 of the Laws of Hong Kong) who only carries on a business of carrying rough diamonds and does not carry on a business of importing, exporting, buying or selling rough diamonds. Such an owner has to fulfil the following obligations under the Ordinance when rough diamonds are imported or exported on his vessel, aircraft or vehicle-

  1. not to release rough diamonds imported unless there is a valid import licence , i.e., KP Certificate (Import), for the shipment (section 7(1));
  2. not to accept rough diamonds for export unless there is a valid export licence, i.e., KP Certificate (Export), for the shipment (section 10(1)(a));
  3. to deliver to the Director-General of Trade and Industry (DGTI) the import licence, i.e., KP Certificate (Import), for the shipment together with the manifest of the vessel, aircraft or vehicle on which the goods were imported (section 8(2)(b)); and
  4. to deliver to DGTI the export licence, i.e. KP Certificate (Export), for the shipment together with the manifest of the vessel, aircraft or vehicle on which the goods were exported (section 11(2)(b)).
2025-03-24
39198
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